21.20.090 Enforcement process.
(a) YTEP is charged with conducting investigations, including inspections of relevant properties, of violations of this chapter or any conditions of a permit, with the help of Tribal Police as needed.
(b) Investigations shall be initiated upon the filing of a written complaint by Tribal or community members, Yurok Tribal Council members, Yurok Tribal staff, Yurok Tribal Police or other law enforcement.
(c) YTEP or Tribal Police shall initiate an investigation of the complaint within 10 days of receiving the complaint, upon a finding that the complaint sets forth a reasonable basis for believing that a violation has occurred.
(d) Following an investigation, if YTEP determines that a violation has occurred, YTEP or Tribal Police may take any one of the following actions which it deems most appropriate considering the gravity of the offense, any harm to human health or the environment resulting from the violation, and the circumstances of the person committing the violation:
(1) Informally contact any alleged violator about possible violations of this chapter, or practices which may result in violations of this chapter, to work collaboratively to assist the alleged violator in adhering to practices which protect water quality and comply with this chapter or the WQCP;
(2) Issue a warning of violation, in the form of a letter from YTEP to the alleged violator, explaining the basis for the warning; possible measures which the alleged violator may take to mitigate the basis of the warning; and an explanation of the steps YTEP may take if the alleged violator does not take positive corrective action;
(3) If the matter is not resolved or there are other ancillary issues, then YTEP and/or Tribal Police may refer the matter to the Office of Tribal Attorney for prosecution in Tribal Court.
(A) Any person in violation of this chapter may be subject to restorative justice or prosecution before the Yurok Tribal Court and subject to restitution, civil damages, fines, penalties, interest, or injunctive relief. In any such suit, the Court shall have jurisdiction to grant restorative justice, a preliminary or permanent prohibitory or mandatory injunction, or to levy such fines as the facts may warrant up to the maximum as stated in this chapter. [Ord. 73 § 4103, amended, 5/21/2020.]